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REPUBLIC ACT NO. 318 - ANACT TO REGULATE THE


PRACTICE OF CHEMICAL ENGINEERING IN
THEPHILIPPINES, AND FOR OTHER PURPOSES

ARTICLE I
Organization of Board

Section 1. Title of Act. — This Act shall be known asthe "Chemical Engineering Law."

Section 2. Creation and Composition of Board. —W ithin thirty days after approval of this Act, there
shall be created aBoard of Examiners for Chemical Engineers to be composed of threemembers
possessing the qualifications prescribed in Section 4 of thisAct, appointed by the Secretary of Public
W orks and Communications andone of whom is to be designated as chairman. The first Board
ofExaminers for Chemical Engineers to be created herein shall each beissued a new certificate of
registration as chemical engineer inaccordance with the provisions of this Act.

Section 3. Powers vested in Board. — The Board ofExaminers for Chemical Engineers is vested with
authority conformablywith the provisions of this Act, to administer oaths, to issue, suspendor revoke
certificates of registration for the practice of chemicalengineering, subject to the approval of the
Secretary of Public W orksand Communications, to investigate violations of this Act and for thispurpose
it may, under the hand of its chairman and seal of the Board,subpoena or subpoena duces tecum
witnesses and compel their attendance,to inspect industrial plants, chemical engineering schools, and
todetermine the complement of chemical engineers and technical personnelneeded for said plants and
schools as provided for in this Act and todischarge such other duties as the Board may deem necessary
for themaintenance of efficient ethical and technical standards of thechemical engineering profession
in the Philippines for the publicwell-being and safeguarding of life, health and property.

The Board shall exercise the powers conferred upon it by this Act,shall from time to time look into the
conditions affecting the practiceof chemical engineering in the Philippines, and whenever
necessary,recommend to the Secretary of Public W orks and Communications theadoption of such
measures as may be deemed proper for the vigorousenforcement of this Act.

Section 4. Qualifications of board members. — Themember of the Board shall, at the time of his
appointment:

(1) Be a citizen of the Philippines;

(2) Be a holder of the degree of bachelor of sciencein chemical engineering conferred by a reputable
and legallyconstituted college, institute or university;

(3) Be at least thirty years of age;

(4) Be a duly registered chemical engineer in thePhilippines;

(5) Have had at least ten years of experience inchemical engineering; and

(6) Not be a member of the faculty of any school,college, or university where a regular course in
chemical engineeringis taught, nor have pecuniary interest in such institution.

Section 5. Term of office. — The members of the Boardshall hold office for a term of one year after
their appointment oruntil their successors will have been appointed and duly qualified.Vacancies shall
be filled for the unexpired term only. Each member ofthe Board shall qualify by taking the proper oath
of office prior toentering upon the performance of his duties.

Section 6. Executive officer and secretary of theBoard. — The Commissioner of Civil Service shall be
the executiveofficer of the Board and shall conduct the examinations given by it.The Secretary of the
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Board of Examiners appointed under Act NumberedFour thousand seven shall also be the Secretary of
the Board. Allrecords and minutes of the deliberations of the Board, includingexamination papers, shall
be kept by the Bureau of Civil Service underthe direct custody of the Secretary.

Section 7. Removal of board members. — The Secretaryof Public W orks and Communications may
remove any member of the Boardfor continued neglect of duty or incompetency, or for unprofessional
ordishonorable conduct, after having given the member concerned anopportunity to defend himself in a
proper administrative investigation.

Section 8. Compensation of the board. — The membersof the board shall each receive a compensation
the sum of five pesosfor each applicant examined or registered without examination aschemical
engineer or for each applicant granted a certificate ofproficiency. A member of the Board who is at the
same time a governmentemployee shall receive the compensation provided for herein in additionto his
salary. All fees shall be received by the Bureau of CivilService, which shall pay all authorized
compensation and expendituresof the Board.

Section 9. Rules and regulations. — The Board may,subject to the approval of the Secretary of Public
W orks andCommunications and with the advice and consent of the Commissioner ofCivil Service,
adopt such rules and regulations as may be necessary tocarry out the provisions of this Act, including
fees to be charged fromindustrial plants inspected in accordance with this Act, from which todefray
expenses of the board in connection therewith and for otherpurposes conformably with the provisions
of this Act. Penal provisionsmay be included in said regulations, which may prescribe a fine of notmore
than two hundred pesos or imprisonment for not more than twomonths, or both, in the discretion of
the court, for violation of suchregulations.

Section 10. Annual Report. — The Secretary of theboard shall submit an annual report to the
Secretary of Public W orksand Communications after the close of each fiscal year giving adetailed
account of the proceedings of the Board during the year andembodying such recommendations as the
Board may desire to make.

ARTICLE II
Registration and examination

Section 11. Inhibition from practicing chemicalengineering. — Unless exempt from registration, no
person shallpractice or offer to practice chemical engineering in the Philippinesas defined in this Act
without having previously obtained a certificateof registration from the Board of Examiners for
Chemical Engineerscreated under this Act.

Section 12. Definition of terms. — (a) W hatconstitute practice of chemical engineering: A person shall
be deemedto be practicing chemical engineering or rendering chemical engineeringservice within the
meaning and intent of this Act who shall, for a fee,salary or other reward or compensation, paid to him
or through anotherperson, or even without such reward or compensation, render or offer torender
professional chemical engineering service in the form ofconsultation, investigation, valuation,
planning, designing orpreparation of specifications for or estimates of industrial plants; orundertake the
supervision of construction, erection, installation,alteration or operation of industrial plants.

(b) The term industrial plant as used in this Act,shall mean any plant in which the process and unit
operation areinvolved.

(c) The term unit process as used in this Act, shallmean the type of chemical change which is involved
in the manufactureof industrial products.

(d) The term unit operation as used in this Act,shall mean a type of physical operation by which a
desired step in aindustrial process is controlled or conducted.

Section 13. Exemption from registration. —Registration shall not be required of the following classes
of personsupon proper application for exemption with the Board of Examiners forChemical Engineers:

(a) Foreign chemical engineers called in by theRepublic of the Philippines for consultation or for a
specific designor installation, or project: Provided, That their practice shall beconfined to such work:

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And provided, further, That said engineers arelegally qualified to practice chemical engineering in their
own stateor country and that the requirements and qualifications for obtaining acertificate of
registration in said state or country are not lower thanthose specified in this Act.

(b) Foreigners employed as technical officers,professors, or consultants in such special branches of


chemicalengineering as may, upon the recommendation of the Board and in thejudgment of the
Secretary of Public W orks and Communications, benecessary and indispensable for the country.
Provided, however, Thatthey do not engage in private practice at their own account as
chemicalengineers.

(c) Foreigners who, on the date of the approval ofthis Act, had been in the actual and bona fide
practice of chemicalengineering for at least five (5) years in the Philippines as certifiedby the Secretary
of Public W orks and Communications.

(d) Foreigners who, on the date of the approval ofthis Act, had been in the actual and bona fide
practice of chemicalengineering in their respective countries for at least five (5) years:Provided, That no
foreign chemical engineer shall be allowed topractice his profession in the Philippines unless the
country of whichhe is a citizen or subject permits Filipino chemical engineers topractice their
profession within its territorial limits.

Section 14. Examination required. — Except asotherwise specifically allowed under the provisions of
this Act, allapplicants for registration for the practice of chemical engineeringshall be required to
undergo an examination as provided for in thisAct.

Section 15. Qualifications for examination. — Inorder to be admitted to the chemical engineering
examination, anapplicant shall be establish to the satisfaction of the Board that:

(1) He is a citizen of the Philippines;

(2) He is at least twenty-one years of age;

(3) He is of good reputation and moral character; and

(4) He is a holder of the degree of bachelor ofscience in chemical engineering or its equivalent from a
school orcollege recognized by the Government, the course for which covers notless than the total
number of credit units equivalent to the four-yearregular course in chemical engineering.

Section 16. Date and scope of examination. —Examinations for the practice of chemical engineering
in thePhilippines shall be given on the second M onday of January and July ofeach year. The
examination shall cover questions relating to generalinorganic, organic, analytical, and industrial
chemistry, physicalchemistry, applied mechanics, chemical engineering, and engineering lawand ethics:
Provided, That the relative weight of the chemicalengineering subject shall not be less than forty per
cent.

Section 17. Report of ratings. — The Board ofExaminers for Chemical Engineers shall, within ninety
days after theexamination, report the ratings obtained by each candidate to theCommissioner of Civil
Service, who shall with his recommendation submitsuch ratings to the Secretary of Public W orks and
Communications forapproval.

Section 18. Issuance of certificates. — The Board ofExaminers for Chemical Engineers shall, within
one year after theapproval of this Act, issue certificates of registration as chemicalengineer to any
applicant who on the date of the approval of this Actis:

(a) A Filipino citizen;

(b) At least 25 years of age;

(c) Of good moral character; and

(d) A holder of a certificate of registration aschemical engineer under Act Numbered Two thousand

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nine hundred andeighty-five, as amended; or a holder of the degree of Bachelor ofScience in Chemical
Engineering (B.S.Ch.E.) or its equivalent, and haspracticed the profession as defined in this Act for a
period of notless than five years.

Provided, however, That persons who on the date of the approval of thisAct are employed in industrial
plants and have been engaged in thepractice of chemical engineering or have been rendering
chemicalengineering service for a period of at least five years without seriousaccident as certified to by
their employers may be granted, uponapplication within one year after the approval hereof and in
thediscretion of the Board, a certificate of proficiency in that branch ofchemical engineering wherein
he had been practicing. Such certificateshall entitle the holder to practice in that branch of
chemicalengineering for which he has qualified.

Every certificate of registration shall show the full name of theregistrant, have a serial number, and be
signed by the members of theBoard, the Secretary of Public W orks and Communications, and
theExecutive Officer of the Board and shall be authenticated by theofficial seal of the Department of
Public W orks and Communications.

Section 19. Fees for examination and registration. —Every applicant for examination as chemical
engineer shall pay a fee ofthirty pesos and for registration, ten pesos: Provided, however, Thatan
applicant for registration without examination in accordance withthe preceding section shall pay the
fee of forty pesos and for acertificate of proficiency, thirty pesos.

Section 20. Reprimand, suspension and revocation ofcertificates. — The Board shall have the power
to reprimand anyregistrant after giving him proper notice and hearing, or suspend orrevoke his
certificate of registration for any cause specified in thisSection, or for the use or perpetration of any
fraud or deceit inobtaining said certificate, or for gross negligence or incompetency, orfor
unprofessional, dishonorable, or immoral conduct: Provided,however, That the action of the Board in
the exercise of this powershall be appealable to the Secretary of Public W orks and
Communicationswhose decision shall be final.

It shall be sufficient for the revocation of a certificate issued underthis Act on the ground of
unprofessional or dishonorable conduct on thepart of a registrant, that he has:

(1) Signed any plan, design, technical report,valuation, specification, estimate or other similar
documents, or worksnot prepared by him nor executed under his immediate supervision, or

(2) Represented himself as having taken charge of,undertaken or supervised the design, construction,
erection,installation or alteration of industrial plants or chemical works,projects or plants, without
actually having done so, or

(3) Represented himself as having performed chemicalengineering service in connection with the
manufacture of chemical andindustrial products without actually having done so, or

(4) Represented himself as having managed, operated,acted as superintendent of, or maintained an


industrial plant withouthaving done so.

Any person or persons, firm, association or corporation may prefercharges in accordance with the
provisions of this Section against anyregistrant, or the Board itself may motu proprio investigate and
takecognizance of acts and practices constituting sufficient cause forsuspension or revocation of the
certificates of registration by properorder or resolution. Such charges shall be in writing and shall
besworn to, by the person making them and shall be filed with theSecretary of the Board.

Section 21. Reissue of revoked certificate andreplacement of lost certificate. — The Board may, after
the expirationof one year from the date of revocation of a certificate ofregistration, for reasons it may
deem sufficient, entertain anyapplication for a new certificate of registration from a person
whosecertificate has been revoked, in the same manner as application for anoriginal certificate and in
doing so it may, in its discretion, exemptthe applicant from the necessity of undergoing another
examination.

A new certificate of registration to replace any certificate lost,destroyed or mutilated may be issued

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subject to the rules of the Boardand a charge of five pesos shall be made for such issuance.

ARTICLE III
Sundry Provisions Relative to the Practice of Chemical Engineering

Section 22. Prohibitions in the practice of chemicalengineering — Penal provisions. — Any person
who shall practicechemical engineering in the Philippines as defined in this Act, withouta certificate of
registration or certificate of proficiency issued inaccordance with the provisions of this Act, or has been
declaredexempt, or any person presenting or using as his own the certificate ofregistration of another,
or any person who shall give any false orforged evidence to the Board in obtaining a certificate
ofregistration, or any person who shall impersonate any registrant oflike or different name, or any
person who shall use a revoked orsuspended certificate of registration, or any person who shall
assume,use, or advertise any title or description tending to convey theimpression that he is a chemical
engineer or is engaged in chemicalengineering practice, without holding a valid certificate
ofregistration or certificate of proficiency from the Board, or anyperson who shall violate any provision
of this Act, shall be guilty ofmisdemeanor and shall upon conviction, be sentenced to a fine of notless
than one hundred pesos nor more than one thousand pesos or tosuffer imprisonment for a period of not
less than one month nor morethan one year, or both, in the discretion of the Court.

Section 23. Application to firms and corporations. —A firm, co-partnership, company, corporation, or
association can engagein the practice of chemical engineering in the Philippines, providedonly that
such practice is carried out by chemical engineers holdingvalid certificates of registration and in the
regular employ of saidfirm, co-partnership, company, corporation or association, or bypersons holding
valid certificates of proficiency issued by the Boardfor the particular branch of chemical engineering
involved in suchpractice.

In case of a firm, co-partnership, company, corporation, orassociation, the manager, administrator or


the person who has charge ofthe management or administration of the business shall be heldpersonally
liable for any violation of this Act.

Section 24. Posting of certificate. — The owner,manager, or other person in charge of any industrial
plant or a firm,co-partnership, company, corporation, or joint-stock association shallpost or cause to be
posted in a conspicuous place within such plant orproject or other place of business, the certificates of
registration ofthe chemical engineers employed therein.

Section 25. Roster of engineers. — A roster showingthe names and places of business of all registered
chemical engineersor persons holding certificates of proficiency issued by the Board,shall be prepared
by the Secretary of the Board annually, commencingone year from the date this Act becomes effective.
Copies of thisroster shall be mailed to each person so registered, placed on filewith the Secretary of
Public W orks and Communications, and furnished toall Department Heads, to mayors of all chartered
cities, to theDirector of Public W orks, and government agencies, municipal andprovincial authorities as
may be deemed necessary and to the publicupon request.

Section 26. Foreign reciprocity. — Except in the caseof persons otherwise exempt under the
provisions of this Act, noforeign chemical engineer shall be granted any of the rights orprivileges under
this Act, unless the country of which he is a subjector citizen permits Filipino chemical engineers to
practice within itsterritorial limits on the same basis as the subjects or citizens ofsuch country.

Section 27. Enforcement of the Act by officers of thelaw. — It shall be the duty of all duly constituted
officers of thelaw, of the National Government, or of any provincial, city ormunicipal government, to
enforce the provisions of this Act and toprosecute any person violating the same. The Secretary of
Justice shallact as the legal adviser of the Board and render such legal assistanceas may be necessary in
carrying out the provisions of this Act.

Section 28. Act not affecting other professions. —This Act shall not be construed to affect or prevent
the practice ofother legally established professions in the Philippines.

ARTICLE IV
Final Provisions

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Section 29. The sum of two thousand pesos is herebyappropriated out of any funds in the National
Treasury not otherwiseappropriated to be disbursed by the Secretary of Public W orks
andCommunications in accordance with the provisions of this Act. All sumscollected in accordance
with this Act shall be paid into the NationalTreasury as part of the general funds thereof: Provided, That
duringthe first twelve months of the operation of this Act, any portion ofthis sum collected may be
used for the purpose of this Act to coverdisbursements in excess of the amount appropriated herein.

Section 30. If any section or sections of this Actshall be declared unconstitutional or invalid, this
shall notinvalidate any other section hereof.

Section 31. All laws, parts of the laws, orders,ordinances, or regulations in conflict with the provisions
of this Act,including parts of Act Numbered Twenty-nine Hundred and Eighty-five, asamended, as
pertain to the practice of chemical engineering shall be,and are hereby repealed.

Section 32. This Act shall take effect upon itsapproval.

Approved: June 19, 1948

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